The “But For” Test

In order for a plaintiff’s personal-injury suit to be valid, the plaintiff must establish that the defendant owed them a duty of care and breached that duty. Plaintiffs must also show that as a consequence of that breached duty, they suffered harm — and the burden of proof does not stop…READ MORE

Professional Help with Disability Claims

The very illness or injury that prevents you from working and that entitles you to Social Security disability benefits may also preclude you from pursuing your claim adequately. If you are in no shape to go through the claims process on your own, it would be advisable to hire a…READ MORE

Social Security Disability Claims Process

The appeals process is Social Security Disability claims can be complicated. In the event that you were to become disabled, it is possible that you might be entitled to Social Security benefits — depending on how long you worked, how much you earned, and your particular circumstances. Usually one has to…READ MORE

When Pets Bite

In some states, the owner of an animal can be held liable for the injuries it inflicts as long as the owner knew (or had reason to know) that the animal had “dangerous propensities.” Thus, those who have been injured by an animal may base their claims of liability on…READ MORE

Collecting the Judgment

After a plaintiff wins a civil case in court, he or she may be faced with the possibility that the losing party (debtor) may either refuse the court order or cannot afford to pay the amount of the judgment. Plaintiffs should take this matter into consideration when deciding whether to…READ MORE

Disability Benefits for Children

Children are eligible for Supplemental Security Income (SSI) benefits. To apply, you will need to complete an Application for SSI and a Child Disability Report. The report collects information about the child’s disabling condition and how it affects the child’s ability to function. A Child Disability Starter Kit should also…READ MORE

Criminal Act, Civil Suit

Even though sexual assault can give rise to criminal prosecution that results in incarceration, victims may want to file civil lawsuits for compensation for the harm that they have suffered. Because there is no cause of action called “sexual assault,” the plaintiff’s attorney must find another legal theory under which…READ MORE

How Important Is Your Doctor’s Diagnosis?

Your doctor’s opinion will mean a great deal in the success of your application for disability benefits since claims can be denied on the basis of the doctor’s statement. The language the doctor uses could be intended for the medical field and might not meet the criteria demanded by the…READ MORE

Utter Disregard for Others’ Safety

While most civil lawsuits involve either negligence or intentional misconduct, there is a middle ground that may be termed “willful and wanton,” otherwise known as “reckless” conduct. This behavior is generally defined as unreasonable conduct committed under circumstances in which the person knew that his or her actions created an…READ MORE

How Many Types of Social Security Disability Benefits Are There?

There are several types of Social Security Disability benefits. Disability Insurance Benefits can be the most important. These go to individuals who have worked in recent years and who are now disabled. Disabled Widows and Widowers Benefits are paid to those individuals who are at least 50 years old and…READ MORE